Apple iMessage Escapes EU Digital Markets Act Regulation

An investigation by the European Commission has concluded that Apple iMessage does not meet to requirements to be considered a gatekeeper messaging service in the EU. This means iMessage will not be subject to gatekeeper regulation found in the Digital Markets Act.

Additionally, the Commission also found that several Microsoft services are not gatekeeper services including Bing, Edge, and Advertising.

Yesterday, the Commission has adopted decisions closing four market investigations that were launched on 5 September 2023 under the Digital Markets Act (DMA), finding that Apple and Microsoft should not be designated as gatekeepers for the following core platform services: Apple's messaging service iMessage, Microsoft's online search engine Bing, web browser Edge and online advertising service Microsoft Advertising.


The decisions conclude the Commission's investigations opened following the notification by Apple and Microsoft in July 2023 of the core platform services that met the quantitative thresholds. Among these notified services were also the four services concerned by today's decisions. Together with the notifications, Apple and Microsoft also submitted so-called 'rebuttal' arguments, explaining why despite meeting the quantitative thresholds, these four core platform services should not, in their view, qualify as gateways.

In its decision of 5 September 2023, the Commission considered that the rebuttal requests made by Apple and Microsoft deserved an in-depth analysis. Following a thorough assessment of all arguments, taking into account input by relevant stakeholders, and after hearing the Digital Markets Advisory Committee, the Commission found that iMessage, Bing, Edge and Microsoft Advertising do not qualify as gatekeeper services.

The Commission says it will continue to monitor the developments on the market with respect to these services, should any substantial changes arise. The decisions do not affect in any way the designation of Apple and Microsoft as gatekeepers on 5 September 2023.